One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X ordered a gift set from X.brand’s online platform, paying Rs. 574 for four items including perfumes and a complimentary product. Upon delivery, Mr.X wisely recorded an unboxing video of the sealed package. To his dismay, the package contained only one item instead of the promised four. Despite providing clear video evidence to X.brand’s customer service, the company denied responsibility and refused to send the missing items or provide a refund. Mr.X then filed a complaint with the National Consumer Helpline but was unsure about his next legal steps. This case highlights the growing issue of e-commerce fraud and incomplete deliveries, where companies exploit customers by delivering partial orders while collecting full payment.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document everything meticulously from the moment of ordering to delivery. Maintain all correspondence with the company including emails, chat screenshots, and call recordings. File complaints simultaneously with multiple consumer forums including district consumer commission and online consumer portals. Consider approaching your bank or payment gateway for chargeback if payment was made through credit card or digital wallets.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonestly inducing delivery of property. Section 319 covers cheating by personation, applicable when companies misrepresent their services. The Consumer Protection Act, 2019 provides comprehensive protection against deficient services and unfair trade practices. Under BNSS (Bharatiya Nagarik Suraksha Sanhita), Section 173 allows filing of complaints for economic offenses. Companies delivering incomplete orders while collecting full payment can be prosecuted under these provisions along with relevant e-commerce regulations and consumer protection laws.

If You Are the Complainant

File a detailed complaint with the District Consumer Disputes Redressal Commission within your jurisdiction. Prepare a comprehensive complaint letter with all evidence including order confirmations, payment receipts, unboxing videos, and company correspondence. Submit complaints to the National Consumer Helpline online portal and follow up regularly. Approach the Cyber Crime Cell if the transaction was conducted entirely online. Consider filing a police complaint under relevant BNS sections for cheating and criminal breach of trust. Maintain detailed records of all legal proceedings and deadlines for responses.

If You Are the Victim

Immediately document the incomplete delivery through photographs and videos before handling the products. Contact the company’s customer service within 24 hours and request written acknowledgment of your complaint. Preserve all packaging materials and delivery receipts as evidence. Report the incident to your bank or payment processor for potential chargeback. File complaints with consumer protection agencies and maintain copies of all submissions. Avoid accepting any settlement offers that seem inadequate and consult legal counsel before agreeing to any company-proposed resolution.

How the Police Behave in Such Cases

Police typically treat such cases as civil disputes initially and may be reluctant to register FIR for smaller amounts. However, if the complaint involves systematic fraud or larger monetary values, they show more interest. Cyber crime cells are generally more responsive to e-commerce related complaints. Police may suggest approaching consumer courts first before criminal proceedings. Having strong documentary evidence significantly improves police cooperation. They often recommend mediation through consumer forums for quicker resolution.

FAQs People Normally Have

Can I get compensation beyond the order value? Yes, consumer courts can award compensation for mental harassment and litigation costs along with the principal amount.

What if the company is registered in another state? You can file complaints in your local consumer commission as you are the affected party residing in their jurisdiction.

How long do consumer cases take? District consumer commissions typically resolve cases within 6-12 months depending on complexity and evidence quality.

Is unboxing video sufficient proof? While helpful, combine it with other evidence like delivery receipts, correspondence records, and witness statements for stronger cases.

What Evidence Is Required?

• Original order confirmation emails and payment receipts
• Unboxing video showing sealed package and incomplete contents
• Screenshots of all communications with company customer service
• Delivery receipt and tracking information from courier service
• Bank statements showing payment deduction
• Photographs of received items and packaging materials
• Terms and conditions of the website at time of ordering

How Long Will the Investigation Take?

Consumer commission cases typically take 6-12 months for resolution at district level. If appealed to state commission, additional 8-15 months may be required. Police investigations for such cases, if FIR is registered, usually take 3-6 months. E-commerce platform internal grievance mechanisms should respond within 15-30 days. Banking chargeback processes generally conclude within 60-90 days depending on the payment method used.

Advocate Sudhir Rao, Supreme Court of India